October 01, 2015

In this article, Jenner & Block Partner Jeremy M. Creelan and Associate Kate T. Spelman examine ascertainability as an “implied requirement” for class certification under Federal Rule of Civil Procedure 23.  The authors explain that the parameters of the ascertainabilty requirement have recently become a hot-button issue in the certification of consumer class actions, particularly with respect to low-cost consumer goods.  They then analyze how courts have handled the issue.